ICE

When dealing with immigration enforcement, it is crucial to understand the differences between judicial and administrative warrants. The U.S. Department of Homeland Security has increased its use of administrative warrants and subpoenas to pressure individuals and organizations into compliance. Knowing how to identify these documents can help protect your rights and prevent unlawful enforcement actions.

A warrant is a legal document authorizing law enforcement to take specific actions, such as conducting a search, making an arrest, or seizing property. There are two primary types of warrants related to immigration enforcement:

• Judicial Warrants – Issued by a court and signed by a judge and the date should be recent otherwise it is considered a stale/old warrant that no longer valid.
• Administrative Warrants – Issued by immigration authorities such as ICE or CBP, but not by a court. Tell ICE or CBP to return when they have a valid judicial warrant signed by a judge.

A critical point: An administrative warrant does not grant ICE or CBP the right to enter private spaces, such as homes or non-public areas of businesses, without consent. If a person opens the door, ICE may state that they were given consent to enter the home or non-public areas of the business. 

Home visits and wellness checks: Any agents or those posing as governement agency workers have made visits to homes with the guise of a wellness check. They cannot enter the home wihout a judicial search warrant signed by a judge. Do not consent to their entry.

Subpoenas are legal documents requiring individuals or entities to provide testimony or evidence. Like warrants, they can be judicial or administrative.

If served with an administrative subpoena, you are not legally required to comply unless a federal court orders enforcement.

For a Judicial Warrant to be valid, it MUST be issued by a court and signed by a judge within the past 14 days.

An Administrative Warrant is issued by DHS and NOT signed by a judge.

1. Do Not Open the Door – Opening the door can be interpreted as consent to entry. Ask the agents to slide any documents under the door, show them through a window, or present to doorbell camera.
2. If you have an attorney – Contact your attorney and, if needed, put them on speakerphone to communicate with ICE through the door.
3. Examine the Document Carefully – Determine whether it is a judicial or administrative warrant.
   • If it is a judicial warrant, verify that it is signed by a judge, correctly names the person or location, and is within the execution timeframe.
   • If it is an administrative warrant, you are not required to comply and may refuse entry.
4. Remain Silent – You have the right to remain silent. Do not answer questions about your immigration status or provide any information beyond what is legally required.
5. Do Not Sign Anything – Avoid signing any documents presented by immigration officers without first consulting an attorney.
6. Document the Encounter – Take notes, record video (if legally permitted in your state), and collect badge numbers or names of the agents.
7. Seek Legal Assistance – Contact an immigration lawyer or advocacy organization immediately for guidance.

According to the ACLU, you can deny entrance even with a warrant the agent shows identification when asked.

Each school has leadership such as principals that should obtain copies of documents and enough informaiton to forward to their central school district’s office to make a determination on next steps if ICE attempts to detain a student. If presented with an administrative warrant or immigration issued subpoena, school deny access to the student and argue compliance with Family Educational Rights and Privacy Act (FERPA).  Parents and any emergency contacts should be notified as well from the student’s file.

Houses of worship have historically served as places of sanctuary and support for immigrant communities. While ICE and CBP may attempt enforcement actions in religious institutions, they are still bound by constitutional limitations. Without a judicial warrant, ICE agents cannot enter non-public areas of places of worship. Religious leaders and congregations should be aware of their rights and prepare a response plan, including designating a point of contact, educating members on legal protections, and forming networks with legal advocates to challenge unlawful enforcement actions.

Under recent policy changes, ICE and CBP can conduct enforcement actions in hospitals and clinics. However, healthcare staff and patients still have rights:

• ICE agents need judicial warrants to enter private patient areas.
• Staff should designate a point of contact to handle law enforcement interactions.
• Facilities should clearly mark private areas to prevent unauthorized entry.
• HIPAA laws protect patient information from being disclosed without a judicial warrant or court order.

• Know Your Rights – (English or Spanish version) Learn how to distinguish between judicial and administrative documents, 4th, 5th, and 6th Amendment Rights, and various other areas to protect yourself and others in the community.
• Train EVERYONE including Staff, Community Leaders and Members – Educate those around you on how to respond to enforcement actions.
• Establish a Response Plan – Work with attorneys to create policies for handling ICE and CBP interactions.
  • Some good sources for creating plans:
    • We Have Rights 
    • Immigrant Legal Resource Center (ILRC)
    • Informed Immigrant
• Engage in Public Advocacy – Pressure local governments to adopt sanctuary policies and push back against aggressive enforcement tactics.
• Find Legal Help – Contact Luminus or search Immigration Advocates Network for immigration legal nonprofits in your area.